BNS Section 143: Trafficking of Person

Definition of BNS Section 143

Section 143 of the BNS 2023 States:
(1)Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

• Explanation 1.—The expression 'exploitation' shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs.

• Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.
  (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
  (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
  (4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
  (5) Where the offence involves the trafficking of more than one child, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
  (6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
  (7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
  

Explanation and Illustration of BNS Section 143

The term 'exploitation' covers acts of physical exploitation, sexual exploitation, slavery, practices akin to slavery, servitude, forced beggary, or the coercive removal of organs. The victim's consent is irrelevant in determining the offense of trafficking.

• Punishment for Trafficking: Anyone convicted of trafficking faces rigorous imprisonment ranging from a minimum of seven years to a maximum of ten years, along with a fine
• Trafficking of Multiple Persons: If the offense involves trafficking more than one person, the punishment includes rigorous imprisonment of no less than ten years, which may extend to life imprisonment, and a fine
• Trafficking of a Child: Trafficking a child is punishable by rigorous imprisonment for a minimum of ten years, potentially extending to life imprisonment, along with a fine
• Trafficking of Multiple Children: If the offense involves trafficking more than one child, the punishment includes rigorous imprisonment of no less than fourteen years, which may extend to life imprisonment, and a fine
• Repeat Offenses Involving Children: A person convicted of trafficking a child on more than one occasion will be sentenced to life imprisonment, meaning imprisonment for the remainder of their natural life, along with a fine.
• Public Servants or Police Involvement: If a public servant or police officer is involved in trafficking, they will face life imprisonment for the remainder of their natural life, along with a fine.

• Example 1:
  Someone is recruiting women to another country, telling them they are hiring for a respectable position in the said country. After getting them into that country, they make the woman have sexual encounters with various clients. The individual deceives victims through false pretenses.
  Legal Case: The organiser and exploiter of the females for sexual reasons is liable for Section 143. They may undergo imprisonment for the term of 7 to 10 years and it depends upon the number of victims and exploitation details.

• Example 2:
  Scenario: A group of traffickers kidnapped a child from a local park and compelled the child to beg on the streets. The traffickers used force and threats to make sure that the child would not try to escape.
  Legal Result: The traffickers are convicted of trafficking the child and will receive a minimum of 10 years of rigorous imprisonment, with a possibility of life imprisonment and a fine.

• Example 3:
  Scenario: A policeman assists a group of traffickers by using his or her status to prevent law enforcement from tracking down and saving the trafficked persons. The trafficked people are compelled into working in underground factories.
  Legal Conclusion: The policeman is a trafficker by virtue of Section 143, and he will be sentenced for life imprisonment since he has abetted and assisted the offense. The policeman is also liable to a fine.

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